In the blink of an eye, we are about to usher in the Year of the Rooster, a year full of vigor and vitality. Over the past year, we have watched countless international blockbusters, witnessed unexpected international events such as the "Park Geun-hye incident" in Korean dramas, the "US presidential election" in American dramas, and "Brexit" in British dramas; domestically, we experienced various events that stirred the public, including the incident of a young woman being assaulted at Heyting Hotel, Wang Baoqiang's divorce scandal, and the "gauze gate" incident. Now, from a legal perspective, Lu Heng will take stock of the most down-to-earth events that captured the public's attention in 2016.

I. Incident of the Military and Armed Police Forces Ceasing Paid Services

【Incident Review】

On March 27, 2016, it was reported that the Central Military Commission issued Notice on the Comprehensive Cessation of Paid Service Activities by the Military and Armed Police Forces. The work of comprehensively stopping paid services by the military and armed police forces was officially launched. The notice stated that existing paid service contracts signed by the military should also be terminated through negotiation.

【Lu Heng's Perspective】

In accordance with the spirit of this notice, is it feasible for the military to terminate contracts in accordance with the principle of change of circumstances under the Contract Law? Of course not. The principle of change of circumstances is a basic principle of the Contract Law, and its application has quite strict conditions. It cannot be arbitrarily applied just because the terms of the contract have changed.

II. Incident of a Young Woman Being Assaulted at Heyting Hotel

【Incident Review】

On April 5, 2016, a female netizen posted on a well-known social platform that on April 3, while on a business trip in Beijing and preparing to check into the Heyting Hotel at Wangjing 798, North Jiuxianqiao Road, Chaoyang District, she was followed and then forcibly dragged by a strange man. After she shouted loudly, she was rescued by a lady.

【Lu Heng's Perspective】

The incident of the young woman being assaulted at Heyting Hotel left many women feeling scared. It is a tragedy of the hotel's security measures that one still needs to be vigilant in the corridor of a well-known chain hotel with surveillance cameras everywhere. Especially after the female netizen called the police, the police did not accept the case; it was only after she chose to expose the incident that the police filed a case. The police and security measures need to be improved again to effectively protect people's safety.

III. The Story of an Internet-addicted Teenager Recharging for Games

【Incident Review】

On July 6, 2016, Huashang Network reported that a 14-year-old student pseudonymed Junjun stole nearly 10,000 yuan from his home to recharge online games over a period of nearly two months due to game addiction.

【Lu Heng's Perspective】

With the development of technology, online games have become deeply rooted in people's lives, and many minors have learned to play them. Due to their immature mental state, some minors even do certain things to fulfill their desire to recharge for online games. Can the money spent by these minors be recovered? Although minors, as persons with no or limited capacity for civil conduct, have no right to dispose of large sums of property, online game transactions are virtual online transactions, and merchants do not know the actual identity of buyers. Therefore, whether the money can be refunded depends on the constraints of specific terms and conditions.

IV. Incident of a Tiger Attacking a Tourist at Badaling Wildlife Park

【Incident Review】

On July 23, 2016, Ms. Zhao, a tourist, got out of her car without permission while visiting the Siberian Tiger Park at Badaling Wildlife Park and was targeted by a Siberian tiger. Her mother was bitten to death while trying to save her. Later, Ms. Zhao's relatives filed a claim for compensation against the zoo.

【Lu Heng's Perspective】

Who is responsible for the tiger attack? This is the key point of the Badaling tiger attack incident. According to Article 81 of the Tort Liability Law, which stipulates: "Where an animal kept in a zoo causes harm to others, the zoo shall bear tort liability, unless it can prove that it has fulfilled its management obligations, in which case it shall not be liable." When Ms. Zhao and her party drove through Badaling Wildlife Park, the zoo had emphasized to them that they were not allowed to get out of the car on their own, and also signed an agreement with them. The zoo had fulfilled its obligation to inform. It can be seen that the zoo had performed its management duties in place, and Ms. Zhao should bear the consequences of her recklessness!

V. Wang Baoqiang's Divorce Scandal

【Incident Review】

On August 14, 2016, Wang Baoqiang posted on Weibo stating that he decided to file for divorce because his wife Ma Rong had an affair with his agent Song Zhe. The next day, Wang Baoqiang filed a lawsuit for divorce against Ma Rong at the Chaoyang District People's Court in Beijing. Later, according to evidence provided by the Chaoyang District People's Court, Wang Baoqiang estimated his property to be at least 100 million yuan, including a company and several real estate properties. Recently, Wang Baoqiang's divorce case has been heard, but the result has not yet been announced.

【Lu Heng's Perspective】

Wang Baoqiang's divorce scandal shocked many unsuspecting members of the public, and also made many lawyers take time out of their busy work to popularize legal knowledge for everyone.

In fact, apart from all the sensational plots in Brother Baoqiang's "divorce gate", the key question is: Can Brother Baoqiang successfully get a divorce?

According to Article 32 of the Marriage Law, if Wang Baoqiang fails to negotiate a divorce with Ma Rong on his own, he may file a divorce lawsuit with the court. When hearing a divorce lawsuit, the court shall first conduct mediation; if mediation fails and it is indeed determined that the husband and wife's affection has broken down, the divorce shall be granted. Of course, the Marriage Law also stipulates five circumstances under which divorce shall be granted if mediation fails:

(1) Bigamy or cohabitation with someone else by a spouse; (2) Domestic violence, abuse, or abandonment of family members; (3) Gambling, drug abuse, or other vices that are repeatedly refused to be corrected; (4) Separation for two years due to emotional discord; (5) Other circumstances leading to the breakdown of husband-wife affection.

Although Ma Rong had an affair, whether Brother Baoqiang can get a divorce still depends on whether the judge determines that their husband-wife affection has broken down!

VI. The "Gauze Gate" Incident

【Incident Review】

On October 30, 2016, Shandong TV reported that a pregnant woman suffered from severe abdominal pain two months after a cesarean section. After a journalist's investigation, it was found that there was a "foreign object" in her abdomen, and this "foreign object" turned out to be a piece of gauze that the doctor "forgot" to take out when she gave birth! However, there was a reversal in the incident later: it turned out that this incident was not a medical accident; the gauze was left in the pregnant woman's body to save her life. Moreover, the hospital tried to remove the gauze from the pregnant woman's abdomen but was refused by her family.

【Lu Heng's Perspective】

The "gauze gate" incident is a typical medical dispute. Against the backdrop of the tense doctor-patient relationship nowadays, people have some misunderstandings about the image of doctors and hospitals.

The "gauze gate" incident arose from the patient's claim for compensation and was amplified by journalists' interviews. Of course, the people's eyes are sharp, which allowed the truth of the "gauze gate" to be revealed.

The hospital and the doctor involved in the "gauze gate" incident shall protect their legitimate rights and interests in accordance with the law. According to Paragraph 2 of Article 2 of the Tort Liability Law, acts that infringe upon the rights and interests of others include not only infringement of the right to bodily integrity, the right to health, etc., but also the right to reputation, the right to name, etc. The "gauze gate" incident has had an extremely bad impact on the hospital and the operating doctor, seriously infringing on their reputation rights. The hospital and the doctor may exercise their rights to serve as a warning to those with ill intentions.